Is Maximum Medical Improvement A Bad Thing?
Brace yourself for the stereotypical lawyer answer: “IT DEPENDS.”
Such a cop out, right? Well, it’s a complicated question. I would guess that most employee’s attorneys would say MMI is a bad thing for a client’s case. If you’re wonder what MMI is, check out my blog post here. I’m going to give a hot take and give a few reasons why I don’t think MMI is always a bad thing for employees, especially when it comes from the employee’s treating physician rather than an IME.
No Need for Surgery or Other Risky Procedures. Surgeries are not fun. Going under the knife can be stressful and scary with no guarantee of a favorable outcome. If you’re at MMI, it means that you aren’t recommended for surgery.
Permanent Work Restrictions. If you have a permanent work injury, a treating physician will assign permanent work restrictions when they place you at MMI. Having permanent work restrictions increases the value of a work comp case.
Permanent Partial Disability. Although PPD ratings may be given prior to MMI (minimal ascertainable PPD), most PPD ratings are assigned at the time MMI.
MMI is only a defense to temporary total disability benefits. It doesn’t affect an employee’s right to any other benefits.
Again, this assumes that the MMI determination is coming from a doctor that is on the employee’s side. If an MMI determination comes from an IME or other medical professional who doesn’t have the employee’s best interests at heart, MMI can put a lot of pressure and stress on an employee who still needs to heal. If you feel you’ve been placed at MMI too quickly, consult a work comp attorney.
Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.
